Business
Commentary: In two new court cases, judges find that AI does not have human intelligence
It’s becoming clearer with every passing day that the only people making a serious effort to come to grips with the implications of artificial intelligence for society aren’t legislators, or business leaders, or AI promoters themselves. They’re judges.
Indeed, in recent weeks, judges in two federal cases have drawn a line that seems to have eluded many others contemplating AI. The cases relate to copyright law and attorney-client privilege.
In both cases, the judges have effectively declared that AI bots are not human. They don’t have rights reserved for people, and their outputs don’t deserve to be treated as though they come from human intelligence or have any special high-tech standing.
Must invention remain exclusively human, or can autonomous computational systems genuinely originate ideas?
— Artist and computer scientist Stephen Thaler
There’s more to those cases than that. Both cases, including one that got as far as the Supreme Court, underscore the determination of AI promoters and uses to infiltrate the new technology deeper into society.
Start with the more recent case. On Monday, the Supreme Court declined to take up a lawsuit in which artist and computer scientist Stephen Thaler tried to copyright an artwork that he acknowledged had been created by an AI bot of his own invention. That left in place a ruling last year by the District of Columbia Court of Appeals, which held that art created by non-humans can’t be copyrighted.
The case revolved around a 2012 painting titled “A Recent Entrance to Paradise,” depicting train tracks running under a bridge and disappearing into vegetation. Thaler wrote in his application for a copyright that the “author” of the work was his “Creativity Machine,” an AI tool, and that the work was “created autonomously by machine.”
The appellate ruling didn’t engage in artistic criticism, but the work’s artificial origin might be manifest to the discerning eye — its landscape is busy yet indistinct, sort of a melange of green and purple, and the framing doesn’t have any artistic logic — the eye doesn’t know what it’s supposed to be following. But Thaler says it’s the AI bot’s creation and wasn’t generated in response to any user prompt.
In any event, for Judge Patricia A. Millett, who wrote the opinion for a unanimous three-judge panel, the case wasn’t a close one. She cited longstanding regulations of the Copyright Office requiring that “for a work to be copyrightable, it must owe its origin to a human being.”
Millett noted that Thaler hadn’t bothered to conceal the non-human origin of “A Recent Entrance,” acknowledging in court papers that the painting “lacks human authorship.” She rejected Thaler’s argument, as had the federal trial judge who first heard the case, that the Copyright Office’s insistence that the author of a work must be human was unconstitutional. The Supreme Court evidently agreed.
Thaler told me he didn’t see the Supreme Court’s turndown as a “legal defeat.” In a LinkedIn post about the case, he wrote that the decision “represents a philosophical milestone — one that exposes how deeply our intellectual property system struggles to confront autonomous machine creativity.”
As that suggests, Thaler believes we shouldn’t distinguish how we view human creations from machine outputs. “Intelligence, creativity, and invention are not limited to human products,” he told me by email. Autonomous computational systems such as his AI program, he said, “can generate these functions independently.”
Millett’s ruling actually opened the door to admitting AI into the copyright world — but only when it’s used as a tool by a human author. What set Thaler’s case apart from those, she wrote, was his insistence that his AI bot was the “sole author of the work” (emphasis hers), “and it is undeniably a machine, not a human being.”
That brings us to the second case, which involved the question of whether an AI bot’s work should be protected under attorney-client privilege. Federal Judge Jed S. Rakoff of New York ruled, concisely, “The answer is no.”
As I’ve written in the past, Rakoff is one of our most percipient jurists about the impact of new technologies on the law. In his occasional essays for the New York Review of Books, he’s examined how a secret AI algorithm has skewed the sentencing of criminal defendants (especially Black defendants), how cryptocurrency advocates have made a tangle of existing laws on fraud, and how the misuse of cognitive neuroscience has resulted in convictions based on false memories.
In other words, Rakoff isn’t a judge you should try snowing with technological flapdoodle.
The case involved one Bradley Heppner, who was indicted by a federal grand jury for allegedly looting $150 million from a financial services company he chaired. Heppner pleaded innocent and was released on $25-million bail. The case is pending.
According to a ruling Rakoff issued on Feb. 17, the issue before him concerned exchanges that Heppner had with Claude, the chatbot developed by the AI firm Anthropic, written versions of which were seized by the FBI when it executed a search warrant of Heppner’s property.
Knowing that an indictment was in the offing, Heppner had consulted Claude for help on a defense strategy. His lawyers asserted that those exchanges, which were set forth in written memos, were tantamount to consultations with Heppner’s lawyers; therefore, his lawyers said, they were confidential according to attorney-client privilege and couldn’t be used against Heppner in court. (They also cited the related attorney work product doctrine, which grants confidentiality to lawyers’ notes and other similar material.)
That was a nontrivial point. Heppner had given Claude information he had learned from his lawyers, and shared Claude’s responses with his lawyers.
Rakoff made short work of this argument. First, he ruled, the AI documents weren’t communications between Heppner and his attorneys, since Claude isn’t an attorney. All such privileges, he noted, “require, among other things, ‘a trusting human relationship,’” say between a client and a licensed professional subject to ethical rules and duties.
“No such relationship exists, or could exist, between an AI user and a platform such as Claude,” Rakoff observed.
Second, he wrote, the exchanges between Heppner and Claude weren’t confidential. In its terms of use, Anthropic claims the right to collect both a user’s queries and Claude’s responses, use them to “train” Claude, and disclose them to others.
Finally, he wasn’t asking Claude for legal advice, but for information he could pass on to his own lawyers, or not. Indeed, when prosecutors tested Claude by asking whether it could give legal advice, the bot advised them to “consult with a qualified attorney.”
In his ruling, Rakoff did make an effort to address the broader questions judges face in dealing with AI. “Only three years after its release,” he wrote, “one prominent AI platform is being used by more than 800 million people worldwide every week. Yet the implications of AI for the law are only beginning to be explored.”
He concluded that “generative artificial intelligence “presents a new frontier in the ongoing dialogue between technology and the law….But AI’s novelty does not mean that its use is not subject to longstanding legal principles, such as those governing the attorney-client privilege and the work product doctrine.”
In this case and elsewhere, Rakoff has shown a superb grasp of technology issues. In his 2021 essay about the AI algorithm capable of sending people to jail, he put his finger on the factor that makes the very term “artificial intelligence” a misnomer.
The term, he wrote, tends to “conceal the importance of the human designer….It is the designer who determines what kinds of data will be input into the system and from what sources they will be drawn. It is the designer who determines what weights will be given to different inputs and how the program will adjust to them. And it is the designer who determines how all this will be applied to whatever the algorithm is meant to analyze.”
He’s right. That why judges have had so much trouble determining whether the AI engineers feeding information into chatbots to make it seem like they’re “creative” and even “sentient” are infringing the copyrights of the original creators of that information, or creating something new.
The problem is that they’re asking the wrong question. Everything an AI bot spews out is, at more than a fundamental level, the product of human creativity. The AI bots are machines, and portraying them as though they’re thinking creatures like artists or attorneys doesn’t change that, and shouldn’t.
Business
What soaring gas prices mean for California’s EV market
It has been a bumpy road for the electric vehicle market as declining federal support and plateauing public interest have eaten away at sales.
But EV sellers could soon receive a boost from an unexpected source: The war in Iran is pushing up gas prices.
As Americans look to save money at the pump, more will consider switching to an electric or hybrid vehicle. Average gas prices in the U.S. have risen nearly 17% since Feb. 28 to reach $3.48 per gallon. In California, the average is $5.20 per gallon.
Electric vehicles are pricier than gasoline-powered cars and charging them isn’t cheap with current electricity prices, but sky-high gas prices can tip the scales for consumers deciding which kind of vehicle to buy next.
“We probably will see an uptick in EV adoption and particularly hybrid adoption” if gas prices stay high, said Sam Abuelsamid, an auto analyst at Telemetry Agency. “The last time we had oil prices top $100 per barrel was early 2022 and that’s when we saw EV sales really start to pick up in the U.S.”
In a 2022 AAA survey, 77% of respondents said saving money on gas was their primary motivator for purchasing an electric vehicle. That year, 25% of survey respondents said they were likely or very likely to purchase an EV.
As oil prices cooled, the number fell to16% in 2025.
In California, annual sales of new light-duty zero-emission vehicles jumped 43% in 2022, according to the state’s Energy Commission. The market share of zero-emission vehicles among all light-duty vehicles sold rose from 12% in 2021 to 19% in 2022.
“Prior to 2022, we didn’t really have EVs available when we had oil price shocks,” Abuelsamid said. “But every time we did, it coincided with a move toward more fuel-efficient vehicles.”
Dealers are anticipating a windfall.
Brian Maas, president of the California New Car Dealers Assn., predicted enthusiasm for EVs will rebound across California if oil prices don’t come down.
“If prior gasoline price spikes are any indication, you tend to see interest in more fuel-efficient vehicles,” he said.
Rising gas prices could be a lifeline for EV makers at a time when federal support for green cars has been declining.
Under President Trump, a federal $7,500 tax incentive for new electric vehicles was eliminated in September, along with a $4,000 incentive for used electric vehicles.
In California, the zero-emission vehicle share of the total new-vehicle market was 22% through the first 10 months of 2025, then dropped sharply to 12% in the last two months of the year, according to the California Auto Outlook.
Meanwhile Tesla, the most popular EV brand in the country, has grappled with an implosion of its reputation with some consumers after its chief executive, Elon Musk, became one of Trump’s most vocal supporters and helped run the controversial Department of Government Efficiency.
Over the last several months, Ford, General Motors and Stellantis have pared back EV ambitions.
Other automakers, including Nissan, announced plans to stop producing their more affordable electric models.
The Trump administration has moved to roll back federal fuel economy standards and revoked California’s permission to implement a ban on new gas-powered car sales by 2035.
David Reichmuth, a researcher with the Clean Transportation program in the Union of Concerned Scientists, said the shift in production plans will affect EV availability, even if demand surges.
That could keep people from switching to cleaner vehicles regardless of higher gas prices.
“This is a transition that we need to make for both public health and to try to slow the damage from global warming, whether or not the price of gasoline is $3 or $5 or $6 a gallon,” he said.
According to Cox Automotive, new EV sales nationally were down 41% in November from a year earlier. Used EV sales were down 14% year over year that month.
To be sure, oil prices can fluctuate wildly in times of uncertainty. It will take time for consumers to decide on new purchases.
Brian Kim, who manages used car sales at Ford of Downtown LA, said he has yet to see a jump in the number of people interested in EVs, hybrids or more fuel-efficient gas-powered engines.
Still, if the price at the pump stays stuck above its current level, it could happen soon.
“Once the gas prices hit six [dollars per gallon] or more and people feel it in their pocket, maybe things will start to change,” he said.
Business
Nearly 60 gigawatts of U.S. clean power stalled, trade group finds
A total of 59 gigawatts of U.S. clean energy projects are facing delays at a time when demand for power from AI data centers is surging, according to a trade group study.
Developers are seeing an average delay of 19 months over issues such as long interconnection times, supply constraints and regulatory barriers, the American Clean Power Assn. said in a quarterly market report.
The backlog is happening despite the growing need for power on grids that are being taxed by energy-hungry data centers and increased manufacturing. The Trump administration has implemented a slew of policies to slow the build-out of solar and wind projects, including delaying approvals on federal lands.
The potential energy generation facing delays is the equivalent of 59 traditional nuclear reactors, enough to power more than 44 million homes simultaneously.
“Current policy instability is beginning to impact investor confidence and negatively impact project timelines at a time when demand is surging,” American Clean Power Chief Policy Officer JC Sandberg said in a statement.
Despite the hurdles, developers were able to bring more than 50 gigawatts of wind, solar and batteries online in 2025, accounting for more than 90% of all new power capacity in the U.S., the report found. Clean power purchase agreements declined 36% in 2025 compared with 2024, signaling that the build-out of clean power in the U.S. could be lower in the 2028 to 2030 time period, according to the report.
Chediak writes for Bloomberg.
Business
Feud between Vegas gambler and Paramount exec sparks $150-million fraud lawsuit
The high-stakes feud between Paramount Skydance President Jeff Shell and Las Vegas gambler and self-professed “fixer” Robert James “R.J.” Cipriani spilled into court on Monday.
Cipriani filed a lawsuit against Shell on claims of fraud and eight other counts, alleging that he reneged on an oral agreement to develop an English-language version of a Spanish music show that streams on Roku TV.
He is seeking $150 million in damages.
In the 67-page lawsuit, filed in Los Angeles County Superior Court, Cipriani claims that in exchange for providing “sophisticated, high-value crisis communications services, entirely without compensation” over 18 months, Shell had agreed to develop the show “Serenata De Las Estrellas,” (Star Serenade), but failed to do so. Cipriani and his wife were to be named as co-executive producers.
“This case arises from the oldest form of fraud: a powerful man took everything a less powerful man had to offer, promised to repay him, lied to him when he asked about it, and then refused to compensate him at all,” states the complaint.
Cipriani — who has producer credits on a 2020 documentary about Vegas, “Money Machine: Behind the Lies,” and the 2015 movie “Wild Card” — intended to make “Serenata” as a “lasting legacy for his mother,” Regina, saying the effort “has been the driving force and the most important thing consuming [Cipriani’s] entire life of almost sixty-five years,” according to the suit.
The show was inspired by a song that the Philadelphia-born Cipriani used to sing to his late mother when he was growing up.
The litigation is the latest twist in a simmering behind-the-scenes scandal that has left much of Hollywood slack-jawed.
For weeks, Cipriani had threatened to file a lawsuit against Shell, with the potential to derail his comeback at Paramount, three years after he lost his job as NBCUniversal’s chief executive over an inappropriate relationship with an underling.
Cipriani’s suit alleges Shell wasdesperate for help in quelling negative stories about him.
It also portrays him as someone who was indiscreet, allegedly sharing sensitive information during the period when the Ellison family, through Skydance Media, was preparing to close its deal to acquire Paramount and then was actively pursuing Warner Bros. Discovery to add to its growing entertainment and media empire.
The eventual rift between the unlikely pair began in August 2024. Patty Glaser, the high-powered entertainment litigator, convened a meeting between the two men.
During the meeting with Shell, the executive expressed to Cipriani his concern that emails and texts between him and Hadley Gamble, the CNBC anchor Shell had been involved with, would come out, saying “that would absolutely destroy me,” according to the suit.
Cipriani claims in his lawsuit Shell was facing “catastrophic personal exposure arising from his conduct toward yet another woman in the media industry,” similar to what had prompted his ouster from NBCUniversal and that he “solicited” his “crisis communications services.”
According to the suit, Cipriani was in a position to help him, having engaged in a “longstanding practice of exposing misconduct in the entertainment and media industries.”
Robert James “R.J.” Cipriani in Amazon Prime Video’s 2025 series “Cocaine Quarterback.”
(Courtesy of Prime)
A high-rolling blackjack player, Cipriani’s colorful résumé includes aiding the FBI in the arrest and conviction of USC athlete-turned global drug kingpin Owen Hanson, who was sentenced to 21 years in federal prison, and filing a RICO suit against Resorts World Las Vegas.
Leveraging his “unique media relationships and industry influence,” Cipriani said in his complaint that he provided Shell with “ongoing threat-monitoring and intelligence services,” and “took proactive steps to suppress, redirect, or neutralize” negative coverage against Shell before publication.
Cipriani said Shell expressed “effusive gratitude” to him after he planted a story about another entertainment industry figure “in order to divert media attention” away from Shell. “Thank you thank you thank you,” Shell wrote in a text to Cipriani, according to the lawsuit, which included a copy of the text.
During tense negotiations over Paramount’s streaming rights for the highly successful “South Park” franchise last summer, Shell allegedly asked to talk to Cipriani about the matter. Cipriani then “orchestrat[ed] the placement of a highly favorable news article,” that was “devastating to Shell’s and Paramount’s adversaries in the dispute,” the suit states.
After a story published in a Hollywood trade, Cipriani wrote to Shell on WhatsApp, “I’m the one that put the article out for you!!!” and “I didn’t want to tell you till it hit so you have plausible deniability.”
According to a message cited in the lawsuit, Shell responded, “I love you!!!! …Thank you Rj,” adding “I owe you dinner at least!”
Despite those boasts, Paramount ultimately paid “South Park” creators millions more than Skydance had intended. To remove obstacles from Skydance’s path to buy Paramount, the media company agreed to two blockbuster deals that include paying the “South Park” production company more than $1.25 billion to continue the cartoon — making it one of the richest deals in television history.
During the course of their relationship, Cipriani further alleges that Shell alerted him to a then-pending $7.7-billion Paramount deal for the rights to UFC fights, while Netflix “believed” it had a “handshake deal” for the same rights, according to the suit.
Cipriani disclosed in his lawsuit that he filed a whistleblower complaint with the Securities and Exchange Commission over the disclosure of material information, claiming that Shell told him that not even UFC President Dana White knew of the transaction. In a WhatsApp message cited in the lawsuit, Shell told Cipriani that the deal was “very hush, hush until we sign.”
While the gambler continued to provide his services to Shell gratis, their relationship began to sour.
Cipriani became enraged that Shell did not uphold his end of the alleged deal to help him with the TV show, viewing it as a slap to him and his mother.
In February, the pair met to resolve their growing dispute. According to the lawsuit, also in attendance was an unidentified entertainment attorney who had represented both men in separate matters.
Patty Glaser has been widely reported as having represented Shell and Cipriani. She introduced them in summer 2024, as The Times reported Saturday.
“We were presented with a draft complaint riddled with clear errors of fact and law,” Glaser said in a statement last week. “We will strongly respond.”
The February meeting did not go well.
Shell not only “refused to compensate” Cipriani, but also told him that he could not “assist” him “in obtaining a television show or other entertainment industry opportunity.”
Cipriani further alleged in his lawsuit that during their “failed summit,” Shell revealed his “disdain” for David Zaslav, the Warner Bros. Discovery CEO, and disclosed that Paramount intended to “sweeten” its pending hostile offer for the studio to fend off Netflix prior to announcing its intention to do so publicly.
After the meeting, Cipriani stated in his complaint that Shell’s attorney privately offered Cipriani a “$150,000 personal loan” to resolve the dispute.
-
Wisconsin1 week agoSetting sail on iceboats across a frozen lake in Wisconsin
-
Massachusetts1 week agoMassachusetts man awaits word from family in Iran after attacks
-
Maryland1 week agoAM showers Sunday in Maryland
-
Pennsylvania5 days agoPa. man found guilty of raping teen girl who he took to Mexico
-
Florida1 week agoFlorida man rescued after being stuck in shoulder-deep mud for days
-
Sports6 days agoKeith Olbermann under fire for calling Lou Holtz a ‘scumbag’ after legendary coach’s death
-
Virginia6 days agoGiants will hold 2026 training camp in West Virginia
-
Politics1 week agoMamdani’s response to Trump’s Iran strike sparks conservative backlash: ‘Rooting for the ayatollah’